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JIBIYAL
V.
GOWON & ANOR

(2017) JELR 37481 (CA)

Court of Appeal 16 Jun 2017 Nigeria
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- This is an appeal against the interlocutory decision of the Plateau State High Court rejecting the admission of two Sale Agreements and a Change of Ownership Certificate on the ground that they were unregistered instruments. - The plainti

Case Details

Suit Number:CA/J/136/2015
Judges:ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria UCHECHUKWU ONYEMENAM Justice of The Court of Appeal of Nigeria HABEEB ADEWALE OLUMUYIWA ABIRU Justice of The Court of Appeal of Nigeria
Counsel:Appellant absent (though served) For Appellant Mrs. J.I. Usoroh with, Nathan Ibrahim, Esq. for 1st Respondent.Y.S. Idup (SSC, Ministry of Justice Plateau State for 2nd Respondent) For Respondent

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the interlocutory decision of Plateau State High Court delivered on 15th day of October, 2014 by Hon. Justice Y.G. Dakwak rejecting the admission of 2 (two) Sale Agreements and Change of Ownership Certificate on the ground that they were unregistered instruments contrary to Sections 2 and 15 of the Land Registration Act.

By a writ of summons dated 2/3/2011 filed along with statement of claim Plaintiff/Respondent commenced an action before the High Court Plateau State claiming against the Defendant/Appellant the following reliefs:

1. For trespass against the Defendant for entering, encroaching and developing a parcel of plaintiff's land covered by R of O No. Pl 2069.

2. A claim for fifteen Million Naira only (N15,000,000) being damages as a result of the said trespass.

3. An order directing the Defendant to pull down the illegal fences erected by him across the plaintiff's land and other developments o…

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